Wednesday, March 1, 2017

Pennsylvania Superior Court Affirms Preclusion of Portion of Expert Witness's Testimony in Auto Accident Case

In its non-precedential decision in the case of Lingham v. Faison, No. 530 EDA 2016 (Pa. Super. Jan. 11, 2017) (Mem. Op. by Shogan, J.), the Pennsylvania Superior Court ruled that a trial court properly precluded an expert medical witness’s opinion regarding the reasonableness and the necessity of a rhizotomy medical procedure where that expert lacked any particular knowledge of the procedure and could not otherwise identify the standard of care.   Judgment in favor of the defense was affirmed.  
 
This was a limited tort auto accident matter.  The above issue was raised during the videotaped deposition for trial of the Plaintiff's medical expert  

Anyone wishing to review a copy of this decision may click this LINK. 

 

Source: “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Jan. 31, 2017).  


 

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